Browsing by Author "Zalewska, Monika"
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Item Czy pragmatyka jest u Kelsena możliwa?(Wydawnictwo Naukowe Instytutu Filozofii, 2013) Zalewska, MonikaThe main goal of Hans Kelsen’s Pure Theory of Law is to build a science of law. Kelsen is looking for a valid conditions of legal science and find them in neokantian philosophy. However, in the last phase when he turns into linguistic paradigm, he can’t explain science of law through neokantian terms anymore. In this case the question arises, how to recognize law from other linguistic expressions. Normally one could recall context of such expression (pragmatical context). In Kelsen’s case this is impossible as he distinguishes between is and ought and postulates that we should study law only on ought sphere. Despite this I will try to demonstrate that the pragmatics is possible in Pure Theory of Law by transforming previous neokantian categories into pragmatic ones.Item Prawo sędziowskie na Węgrzech(Wydawnictwo Naukowe Instytutu Filozofii, 2013) Visegrády, Antal; Zalewska, MonikaCurrently, there is a big discussion about judicial activism in continental legal systems. This phenomenon is rather negatively described, as the breaking the fundamental principle of separation of powers. In this paper, it will be demonstrated that, although Hungary belongs to civil law system, where judges are not allowed to be a lawmakers, actually they do make law. In Hungarian law, there is a great number of cases when judges evidently make law. What is more, their activism has a very positive impact on the whole legal system; judges make law more just and uniform, and at the same time enhance its certainty. In the following parts of the paper, it will be described the lawmaking role of judges, particular in legal fields such as: civil law, criminal law, labor law etc.Item Znaczenie metafor pojęciowych na przykładzie prawa autorskiego(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2016) Zalewska, MonikaThe problematic gap between legal and social norms exists in copyright law. The consequences of this gap are severe and include: not following copyright rules, and a big conflict between artists and recipients of a culture. In this context, copyright piracy is prevalent in Poland and legal tools aimed to protect interests of artists have failed. Copyright law might have been in sync with analogue era, but not to digital world. Identification of roots of the discrepancy between social expectations and legally binding rules might be the first step toward rectifying of situation. This article demonstrates the conceptual metaphors as a possible reason for malfunctioning the copyright law. Some metaphors treat intangible objects as tangible ones (intellectual or artistic work) and might pose difficulties mentioned above. Additionally, Larsson defined a group of metaphors in legal system. Bound with them are metaphors outside of law. For example, if law treats intellectual property as tangible property, than metaphors outside the copyright legal system, such as piracy apply. Polish copyright law in the context of Lakoff – Johnson theory of metaphors is a framework of the study.